On Indirect Criminal

The indirect crime is one of the crime categories expressly stipulated in the criminal law in the Continental System countries like Germany and Japan. The indirect crime is also an important issue in the criminal theory. In this article, based on learning some of the researches on the indirect crime from the countries abroad, the author is trying to make some relevant researches on the fundamental problems like the concept, the characteristics, the composition as well as the categories and the recognition of the indirect crime so as to make a tentative study on the legislation of the indirect crime. To ensure the legal position of the indirect crime, it is conducive for the realization of the relationship between the guilty declaration and the measurement of the penalty, furthermore, it is a kind of research which is an indispensable factor to solve the problems as the joint crimes. The indirect crime is composed of various contents which need special research. As for the problem like the theory of the attempted situations, due to the limitation of this article, also based on the consideration of the research on the key points, the author has to give up the relevant writings. Besides, while learning the legislation from other countries, we have to put the concrete situation of our country into consideration on the way of the legislation of the indirect crime.The author works in the police department. In the course of the individual cases, we have to use the theory of the indirect crime to analyze the details of the cases. Since there is the difference between the positive crime and the joint crime in our criminal law, the author selects the problem on the indirect crime as the topic of the essay. There are very important theoretical and practical significances to make research on the indirect crime. In the judicial practice, we have had the intention to deal with the cases with the theory of the indirect crime. It is necessary to make the independent research on the indirect crime. Through the research on the indirect crime, we can set up the proper position for the indirect crime in the criminal system. Because of the close relationship between the theory of the indirect crime and the theory of the joint crime, the deepening of the research on the theory of the indirect crime will lead to the further development for the research on the theory of the joint crime.The article has 6 parts. In the introduction part, there is a brief description on the research of the indirect crime. In the first part, it demonstrates the concept, characteristics and the composition of the indirect crime. In the second part, it analyzes the categories of the indirect crime and illustrates the different opinions on the categories of the indirect crime. In the third part, it mentions several problems which need to pay attention to in the recognition of the indirect crime. First, it illustrates the differences among the indirect crime, personal crime, abettor and one-party help crime from which, it is easily to be confused between the indirect crime and the one-party help crime. Secondly, it makes the illustration on the standards on the indirect crime and the question of the indirect crime. In the fourth part, it illustrates the question of the legislation on the indirect crime, in which, it first makes a brief description of the development of the theory of the indirect crime as well as the concepts of its legislation, and demonstrates the innocent agent theory in American-English System, the theory and the legislation of the indirect crime in the Continental System and the indirect crime in the criminal law of our country. After that, it makes a research on the necessity and possibility of the legislation on the indirect crime in our country. In the conclusion part, the author makes a brief conclusion on the main contents in this article.The position of the indirect crime is just limited to make up for the inadequacy of the subordinate theory of objectivist joint crime, which is not allowed to enlarge its range randomly. The basis of the indirect crime lies in its practical action. The difference between the indirect crime and the personal crime is that, the former one is the pattern of the criminal while the latter is the pattern of the crime. It is necessary to solve the mistaken problems between the indirect crime and the personal crime based on the theory of the joint crime.Working in the police department, it is quite conducive for the author's daily work to make a study on the theory of the indirect crime so as to make a further grasp of the quintessence of the laws and rules in the criminals and master accurately how to deal with in the course of the execution. Since there are so many issues in the theory of the indirect crime, and the author is not a professional scholar, the author therefore has just made some tentative researches on the four basic theoretical questions in the theory of the indirect crime. If there are some shortcomings which are not easily avoided, all the criticism and comments from the teachers are highly appreciated.